Kansas Criminal Statute of Limitations

Below is a summary of the statute of limitation periods for criminal cases in the state of Kansas. Statutes of limitations set forth the time period within which the state must commence a case against someone for a crime. If the state tries to bring an action against someone after the applicable time period has passed, the person charged can have the case dismissed. In certain instances, the statute of limitations may be tolled, or suspended, which grants the state additional time to commence a legal action.

Kan. Stat. Ann. 21-3106

Murder, terrorism, or illegal use of weapons of mass destruction: no statute of limitations

All other crimes including felonies and misdemeanors: 5 years

Sexually violent offenses (rape; indecent liberties with a child; aggravated indecent liberties with a child; criminal sodomy; indecent solicitation of a child; sexual exploitation of a child; aggravated sexual battery; aggravated incest; an attempt, conspiracy, or criminal solicitation of a sexually violent crime): 5 years or 1 year after identity of suspect is established by DNA evidence, whichever is later

If the victim is the Kansas public employees retirement system: 10 years

Tolling Provisions

The statute of limitations is tolled during any period:

  • the accused is absent from the state
  • the accused is concealed within the state so that process cannot be served
  • when the fact of the crime is concealed
  • a prosecution is pending against the defendant for the same conduct
  • an administrative agency is restrained by court order from proceeding on a matter before it
  • two or more of the following are present: (i) the victim was a child under 15 (ii) the victim was of such age or intelligence to not know a crime occurred; (iii) the victim was prevented by a parent or other legal authority from telling law enforcement authorities of the crime; and (iv) there is expert testimony indicating the victim psychologically repressed memory of the crime and there is substantial corroborating evidence, provided this cannot be relied on after the victim turns 28

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